Joseph & Ors v Spiller & Anor [2009] EWCA Civ 1075 (22 October 2009)

Joseph & Ors v Spiller & Anor [2009] EWCA Civ 1075 (22 October 2009)

Regulation 14(2) does not render the re-engagement clause or the contract unenforceable; the fair comment defence fails as the comment was not based on facts sufficiently identified in the publication and the specific allegation was untrue.

Citation
[2009] EWCA Civ 1075
Parties
Claimants: Craig Joseph & Ors; Defendant: Jason Spiller; Defendant: 1311 Events Limited
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Appeal / Interlocutory Judgment
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Justification Defence, Fair Comment Defence, Employment Agencies & Employment Business Regulations 2003, Contractual Terms, Public Interest
Defamation Contract Law Employment Law Justification Defence Fair Comment Defence Employment Agencies & Employment Business Regulations 2003 Contractual Terms Public Interest

Case Brief

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Parties

Craig Joseph & Ors

Claimants

Jason Spiller

Defendant

1311 Events Limited

Defendant

Procedural Posture

Appeal / Interlocutory Judgment

Legal Issues

  1. 1 Whether the re-engagement clause is unenforceable due to breach of regulation 14(2) of the Employment Agencies & Employment Business Regulations 2003
  2. 2 Whether the words published were defamatory and justified
  3. 3 Whether the defence of fair comment is sustainable

Ratio Decidendi

Regulation 14(2) does not render the re-engagement clause or the contract unenforceable; the fair comment defence fails as the comment was not based on facts sufficiently identified in the publication and the specific allegation was untrue.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Appeal allowed on regulation 14(2) issue; the re-engagement clause is not unenforceable.
  • Appeal dismissed on fair comment issue; the defence of fair comment is struck out.